B-204735, SEP 22, 1981
Highlights
DIGEST: GAO WILL NOT CONSIDER A COMPETING BIDDER'S PROTEST QUESTIONING THE SMALL BUSINESS SIZE STATUS OF THE PROPOSED AWARDEE. IS AUTHORIZED BY LAW TO CONCLUSIVELY DETERMINE SIZE STATUS AND THE PROTEST HAS BEEN REFERRED TO SBA BY THE CONTRACTING AGENCY. IS INELIGIBLE FOR AWARD. WE WILL NOT CONSIDER THE PROTEST. THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. THE PROTEST IS DISMISSED.
B-204735, SEP 22, 1981
DIGEST: GAO WILL NOT CONSIDER A COMPETING BIDDER'S PROTEST QUESTIONING THE SMALL BUSINESS SIZE STATUS OF THE PROPOSED AWARDEE. THE SMALL BUSINESS ADMINISTRATION (SBA), NOT GAO, IS AUTHORIZED BY LAW TO CONCLUSIVELY DETERMINE SIZE STATUS AND THE PROTEST HAS BEEN REFERRED TO SBA BY THE CONTRACTING AGENCY.
KELLEY NAME PIN CO., INC.:
KELLEY NAME PIN CO., INC., PROTESTS THE PROPOSED AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY, FT. SILL, OKLAHOMA, TO APEX INTERNATIONAL MANAGEMENT SYSTEMS, INCORPORATED, UNDER SOLICITATION NO. DABT39-81-B-0128, A SMALL BUSINESS SET-ASIDE. KELLEY CONTENDS THAT APEX DOES NOT QUALIFY AS A SMALL BUSINESS CONCERN BECAUSE OF ITS AFFILIATION WITH THE BANK OF WEST ORANGE, BOVERE CHEVROLET DEALERSHIP, AND NATIONAL PICKFORD FOREMOST COMPANY AND, THEREFORE, IS INELIGIBLE FOR AWARD.
WE WILL NOT CONSIDER THE PROTEST. UNDER 15 U.S.C. SEC. 637(B) (SUPP. III 1979), THE SMALL BUSINESS ADMINISTRATION (SBA) IS EMPOWERED TO CONCLUSIVELY DETERMINE MATTERS OF SMALL BUSINESS SIZE STATUS FOR FEDERAL PROCUREMENT AND SALES PURPOSES. INTERTECHNOLOGY CORPORATION, B-202818, APRIL 24, 1981, 81-1 CPD 320; JAN DEVICES, INC., B-202435, MARCH 31, 1981, 81-1 CPD 243. WE UNDERSTAND FROM THE AGENCY THAT KELLEY'S PROTEST HAS BEEN REFERRED TO THE SBA.
THE PROTEST IS DISMISSED.